Can a Felon Get a TWIC Card? Offenses & Waivers

Yes. A person with a felony can often get a TWIC card.

A felony conviction does not automatically or permanently disqualify every applicant. The outcome depends on:

The precise offense of conviction
Whether the offense appears in TSA’s disqualifying-offense regulation
Whether it is classified as an interim or permanent disqualifying offense
The conviction date
Whether the person was incarcerated and, if so, the release date
Whether TSA’s records are accurate
Whether the offense is eligible for a waiver
Whether the applicant can establish rehabilitation and present reliability
Whether an indictment, warrant, immigration issue, or another security concern exists

Some felonies are not on TSA’s disqualifying list. Interim offenses stop being disqualifying after the applicable periods expire. Many permanent offenses may be waived. A small group of completed offenses and conspiracies falls outside TSA’s criminal-offense waiver authority.

If TSA denies your TWIC, you generally must act quickly. An applicant ordinarily has 60 days after receiving an Initial Determination of Threat Assessment to initiate an appeal. A waiver may be requested during the application process or no later than 60 days after service of TSA’s Final Determination.

National Security Law Firm represents TWIC applicants nationwide. We have handled TWIC and HME matters since 2016 and have represented applicants in hundreds of TSA credential cases.

For qualifying initial-stage TWIC appeals and waivers, our flat legal fee is $2,495. We review the TSA notice, analyze the offense, obtain ordinary court and corrections records, prepare the submission, and manage the matter through the covered TSA stage.

Schedule a free consultation or call (202) 600-4996.

Does Any Felony Disqualify You From a TWIC?

No.

TSA’s criminal-disqualification regulation, 49 C.F.R. § 1572.103, contains specific categories of felony offenses. A felony that does not fall within one of those categories is not automatically disqualifying under the criminal-offense list.

That does not mean TSA must ignore all other information. TSA separately considers:

Immigration status
Mental-capacity determinations
Wants, warrants, and indictments
Terrorism-related or other security analyses
Incomplete or potentially false application information

But the fact that someone has “a felony” is not enough by itself to determine TWIC eligibility.

The actual statute, degree, judgment, sentence, and disposition must be compared with TSA’s federal categories. The shorthand description on a background check may not answer the question.

Are Misdemeanors Disqualifying for a TWIC?

TSA’s criminal-offense list in 49 C.F.R. § 1572.103 identifies specified felonies. A misdemeanor generally does not disqualify an applicant under that criminal-offense list.

However, several cautions apply:

The original charge may have been a felony even though the conviction was a misdemeanor.
A background report may incorrectly identify the final degree.
States classify offenses differently.
TSA may need the judgment and statute to confirm the actual conviction.
A misdemeanor does not eliminate a separate immigration, mental-capacity, warrant, or security issue.
The underlying conduct could appear in records TSA evaluates through another lawful security analysis.

If TSA relied on a felony charge that was reduced to a misdemeanor, the applicant may have grounds for an appeal supported by the certified disposition.

What Does TSA Consider a Conviction?

The federal definition matters.

Under 49 C.F.R. § 1570.3, “convicted” generally includes:

A guilty plea
A plea of nolo contendere
A finding of guilt

The definition excludes a finding of guilt that was subsequently:

Overturned on appeal
Pardoned
Expunged within TSA’s federal definition

TSA defines a conviction as expunged when it has been removed from the person’s criminal-history record and no legal disabilities or restrictions remain because of the conviction, except its possible use in sentencing for a later conviction.

The regulation also provides that a person is no longer considered convicted when permitted to withdraw the original guilty or nolo contendere plea, enter a not-guilty plea, and have the case subsequently dismissed.

Not every state order called an “expungement,” “sealing,” “set-aside,” or “dismissal” necessarily satisfies this federal definition. TSA considers the substance and effect of the relief, not only the title on the order.

The Three Main TWIC Felony Categories

For practical purposes, felony cases generally fall into three groups:

What Are Interim Disqualifying Felonies?

Interim disqualifying offenses are time-limited.

Under 49 C.F.R. § 1572.103(b), an interim felony is disqualifying if either:

The applicant was convicted or found not guilty by reason of insanity within seven years of the TWIC application; or
The applicant was incarcerated for the offense and released within five years of the application.

These tests are alternatives. Both must be cleared before the offense stops being disqualifying under the interim time rules.

A conviction can be more than seven years old but remain disqualifying if the applicant was released from incarceration less than five years before applying.

Complete List of Interim Disqualifying Offenses

TSA’s interim disqualifying felonies include:

Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon
Extortion
Dishonesty, fraud, or misrepresentation, including identity fraud and certain money laundering
Bribery
Smuggling
Immigration violations
Distribution, possession with intent to distribute, or importation of a controlled substance
Arson
Kidnapping or hostage taking
Rape or aggravated sexual abuse
Assault with intent to kill
Robbery
Fraudulent entry into a seaport
RICO violations other than those classified as permanently disqualifying
Conspiracy or attempt to commit an interim disqualifying offense

TSA’s regulation expressly states that welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of the identified interim category.

The precise wording of the conviction matters. For example, an offense involving a firearm in some way is not necessarily the same as a conviction for unlawful possession, use, sale, or another activity specified in the regulation.

How Do the Seven-Year and Five-Year Rules Work?

Assume an applicant was convicted of an interim disqualifying felony eight years ago.

If the applicant was never incarcerated for that offense, the seven-year period may have expired.
If the applicant was incarcerated and released six years ago, both periods may have expired.
If the applicant was released three years ago, the offense may remain disqualifying under the five-year rule despite the conviction being more than seven years old.

The calculation may require:

The TWIC application date
The conviction date
The sentencing date
Whether the applicant was incarcerated for that offense
The release date
Resentencing records
Parole or probation violation records
Separate analysis of multiple offenses

TSA’s definitions distinguish “imprisonment” and “incarceration.” Under the current definitions in 49 C.F.R. § 1570.3, incarceration can include confinement or restriction in a jail-type institution, halfway house, treatment facility, or another institution on a full- or part-time basis pursuant to a criminal sentence.

Do not assume that the date probation ended is the relevant release date. Use official court and corrections records.

Can You Get a TWIC After the Interim Period Expires?

Often, yes.

If the offense is only an interim disqualifying offense and falls outside both applicable periods, the applicant may no longer be disqualified on that basis.

If TSA nevertheless issues an adverse determination, an appeal may establish:

The correct conviction date
The correct release date
That the applicant was not incarcerated for the offense
That TSA relied on the wrong case
That the offense does not match the identified category

The appeal should include official records rather than relying only on the applicant’s recollection.

What Are Permanent Disqualifying Offenses?

Permanent disqualifying offenses do not cease to be disqualifying merely because seven or five years have passed.

Under 49 C.F.R. § 1572.103(a), the permanent felony categories are:

Espionage or conspiracy to commit espionage
Sedition or conspiracy to commit sedition
Treason or conspiracy to commit treason
A federal crime of terrorism, a comparable state offense, or conspiracy to commit such a crime
A crime involving a transportation security incident
Improper transportation of hazardous material under 49 U.S.C. § 5124 or comparable state law
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transportation, import, export, storage, or dealing in explosives or explosive devices
Murder
Making a threat or knowingly conveying false information concerning the placement or detonation of an explosive or lethal device against specified public, transportation, infrastructure, or government locations
A RICO violation or comparable state offense when a qualifying predicate act is one of the permanent offenses
Attempt to commit the offenses listed in § 1572.103(a)(1) through (a)(4)
Conspiracy or attempt to commit the offenses listed in § 1572.103(a)(5) through (a)(10)

An applicant convicted of a permanent offense does not become automatically eligible merely by waiting for time to pass. The next question is whether TSA has authority to waive that particular category.

Which Permanent TWIC Offenses Can Be Waived?

Under 49 C.F.R. § 1515.7, TSA’s criminal-offense waiver authority applies to the permanent disqualifying offenses listed in § 1572.103(a)(5) through (a)(12).

That means TSA may consider a waiver for permanent categories involving:

Transportation security incidents
Improper transportation of hazardous materials
Explosives or explosive devices
Murder
Specified threats involving explosives or lethal devices
Qualifying RICO offenses
Attempts and conspiracies falling within the covered regulatory subsections

A waiver is not automatic. TSA must determine from the evidence that the applicant does not pose a security threat.

The seriousness of a permanent offense makes the quality of the waiver application particularly important.

Which Permanent Offenses Are Outside TSA’s Waiver Authority?

The waiver regulation does not extend to convictions under the first four permanent categories:

Espionage or conspiracy to commit espionage
Sedition or conspiracy to commit sedition
Treason or conspiracy to commit treason
A federal crime of terrorism, a comparable state offense, or conspiracy to commit such a crime

There is a counterintuitive regulatory distinction concerning attempts. Attempts to commit the offenses in the first four categories are listed separately in § 1572.103(a)(11), and § 1515.7 states that its waiver procedures apply to offenses in § 1572.103(a)(5) through (a)(12).

Accordingly, do not assume that an attempt is treated identically to a completed offense or conspiracy. The precise conviction and subsection must be reviewed.

What If You Are Wanted, Have a Warrant, or Are Under Indictment?

A person can be temporarily disqualified even without a conviction.

Under 49 C.F.R. § 1572.103(c), an applicant who is wanted or under indictment in a civilian or military jurisdiction for a felony listed in the regulation is disqualified until:

The want or warrant is released; or
The indictment is dismissed.

If the matter has already been resolved but the record was not updated, an appeal may include:

An order recalling or quashing the warrant
A dismissal of the indictment
A certified docket
A prosecutor’s certification
A final disposition showing that the case did not result in a disqualifying conviction
Identity evidence showing that the warrant belongs to another person

A TWIC appeal cannot itself recall a warrant or dismiss a criminal case. The applicant may first need counsel in the jurisdiction where the underlying matter remains pending.

Can You Get a TWIC With a Drug Felony?

It depends on the offense.

TSA’s interim list includes:

Distribution of a controlled substance
Possession with intent to distribute a controlled substance
Importation of a controlled substance
Conspiracy or attempt to commit those offenses

These offenses are subject to the seven-year and five-year periods and are eligible for waiver consideration.

Simple Possession Versus Possession With Intent to Distribute

Simple drug possession is not separately listed as an interim disqualifying offense under 49 C.F.R. § 1572.103(b).

That distinction is important because criminal-history reports may use vague descriptions such as:

Drug offense
Controlled-substance violation
Possession
Narcotics charge

The judgment, charging instrument, plea agreement, and criminal statute may be necessary to determine whether the person was convicted of:

Simple possession
Possession with intent to distribute
Distribution
Importation
Conspiracy
Another offense

If TSA treated simple possession as a trafficking offense, an appeal may correct the classification.

If the actual conviction was for distribution or possession with intent and remains within the applicable interim period, a waiver may be appropriate.

Can You Get a TWIC With a Weapons Felony?

Potentially.

TSA’s interim list includes specified unlawful firearm and weapon offenses. Those offenses are subject to the seven-year and five-year rules and fall within TSA’s waiver authority.

But a case that “involved a gun” is not automatically the same as a conviction for an unlawful firearm or weapon offense listed in the regulation. The statute and judgment must be reviewed.

National Security Law Firm previously obtained a favorable result in a case involving a TWIC denial based on weapons-related charges.

Past results do not guarantee a similar outcome.

Can You Get a TWIC With a Fraud Conviction?

Potentially.

Certain felony offenses involving dishonesty, fraud, or misrepresentation are interim disqualifying offenses. TSA’s regulation includes identity fraud and certain money laundering while expressly excluding welfare fraud and passing bad checks from that specific category.

The offense may cease to be disqualifying after both interim periods expire. If the periods have not expired, a waiver may be available.

Because fraud statutes vary significantly, the actual elements and disposition should be reviewed before accepting TSA’s classification.

Can You Get a TWIC With a Murder Conviction?

Murder is a permanent disqualifying offense under § 1572.103(a)(8). It does not expire under the seven-year and five-year rules.

However, murder falls within the permanent-offense range covered by TSA’s waiver regulation because § 1515.7 applies to § 1572.103(a)(5) through (a)(12).

That means TSA may consider a waiver request. It does not mean TSA is likely to grant every request involving murder. The applicant would need an exceptionally strong and carefully documented case addressing the offense, time elapsed, rehabilitation, responsibility, and present security risk.

What If the Felony Was Dismissed, Vacated, Pardoned, or Expunged?

The legal effect depends on what happened.

Dismissed Charges

A dismissed felony charge is not a felony conviction. If TSA relied on the charge as though it resulted in conviction, the applicant may appeal with a certified dismissal or other official disposition.

Reversed Convictions

A finding of guilt overturned on appeal does not fall within TSA’s definition of “convicted.”

Pardons

A pardoned conviction is excluded from TSA’s definition of “convicted.” The applicant should submit the official pardon and records establishing which conviction it covers.

Expungements

An expungement must satisfy TSA’s federal definition. The conviction must be removed from the criminal-history record, and no legal disabilities or restrictions may remain because of it, other than its potential use in sentencing for later convictions.

A state order called an expungement may not satisfy that standard if it only limits public access or leaves conviction-based restrictions in place.

Vacated or Set-Aside Convictions

A vacated or set-aside conviction requires review of the complete order and the reason relief was granted. The label alone does not establish whether TSA should treat the conviction as eliminated.

If the applicant withdrew the guilty or nolo contendere plea, entered a not-guilty plea, and the case was then dismissed, TSA’s definition states that the person is no longer considered convicted.

What If TSA’s Record Is Wrong or Incomplete?

Criminal-history databases frequently omit final dispositions or later court orders.

Errors may include:

An arrest listed without a disposition
A dismissed charge shown as pending
A misdemeanor shown as a felony
A reduced charge omitted
An incorrect conviction date
An incorrect release date
A warrant that was recalled
A conviction that was reversed
Another person’s record
A missing expungement or pardon
A generic description that misstates the offense

Under 49 C.F.R. § 1572.103(d), TSA may require written proof that an arrest did not result in a disqualifying conviction. The applicant generally has 60 days after service of that notification to provide the proof.

Relevant evidence may include:

Certified dispositions
Judgments
Dismissal orders
Plea records
Sentencing records
Corrections records
Appellate mandates
Pardon or expungement orders
Court clerk certifications
Prosecutor records
Corrected FBI or state criminal-history records

Our guide explains the complete process for appealing a TWIC card denial.

When Should You File a TWIC Appeal?

An appeal is the appropriate remedy when TSA’s facts or legal conclusion are wrong.

Potential grounds include:

You were not convicted.
The conviction was only a misdemeanor.
The charge was dismissed or reduced.
The offense is not on TSA’s list.
The offense does not match the category TSA identified.
The interim periods have expired.
TSA used the wrong release date.
The conviction was overturned, pardoned, or expunged within the federal definition.
The record belongs to another person.
A warrant or indictment was resolved.
TSA’s record is incomplete.

Under 49 C.F.R. § 1515.5, an applicant generally must initiate an appeal within 60 days after receiving TSA’s Initial Determination.

The applicant may initiate the appeal by submitting a written reply, requesting TSA’s releasable materials, or requesting an extension under the regulation.

When Should You Request a TWIC Waiver?

A waiver is appropriate when:

The disqualifying information is substantially correct;
The offense falls within TSA’s waiver authority; and
The applicant can present evidence demonstrating that the applicant does not pose a security threat.

TSA may consider:

The circumstances of the offense
Restitution
Federal or state mitigation remedies
Court records
Time elapsed
Rehabilitation
Treatment
Employment stability
Training
Character evidence
Other indicators of present reliability

A waiver can be requested during the application process, after pursuing some or all of the appeal procedures, or no later than 60 days after service of the Final Determination.

Our TWIC waiver application guide explains waiver eligibility, evidence, deadlines, and Administrative Law Judge review.

Can You Appeal and Request a Waiver Together?

Yes, when supported by the facts.

For example, an applicant may argue that a state offense does not match TSA’s identified category while requesting a waiver in the alternative if TSA rejects the legal argument.

The submission should distinguish clearly between:

Facts the applicant disputes
Facts established by official records
Legal arguments concerning classification
Alternative waiver evidence

A poorly drafted waiver can unnecessarily concede a disputed conviction or classification.

What Evidence Supports a TWIC Waiver for a Felony?

Depending on the case, relevant evidence may include:

Charging documents and the judgment
Plea and sentencing records
Proof of release
Probation or parole completion
Restitution records
Treatment records
Evidence of sobriety or recovery
Employment history
Professional training
Safety records
Employer support
Character references
Community involvement
Family responsibilities
The applicant’s personal statement
Evidence of a sustained law-abiding period

The personal statement should address the offense candidly and remain consistent with the official record. Minimizing established conduct or blaming others can undermine credibility.

Does a TWIC Waiver Erase the Felony?

No.

A waiver allows TSA to grant the credential despite the covered disqualifying condition. It does not:

Expunge the conviction
Seal the record
Vacate the judgment
Restore civil rights
Guarantee employment
Eliminate another occupational-licensing problem
Prevent TSA from considering later adverse information

The waiver applies to TSA’s credentialing determination.

Examples of NSLF’s TWIC Results for Applicants With Criminal Records

National Security Law Firm’s publicly reported matters include:

These results depended on the individual facts and records. Past results do not guarantee a similar outcome.

Do You Need a Lawyer to Get a TWIC With a Felony?

No law requires an attorney for an initial TWIC appeal or waiver.

An applicant may be able to respond without counsel when the problem is straightforward and a certified record clearly resolves it.

Legal representation may be especially valuable when:

Your employment depends on the TWIC.
TSA identified a serious felony.
You do not know whether the offense is disqualifying.
You are uncertain whether to appeal or request a waiver.
The conviction is classified as permanent.
The court records are old or incomplete.
Multiple arrests or convictions are involved.
TSA may have misclassified the statute.
Conviction or release dates are disputed.
You need to prove rehabilitation.
The case may later require Administrative Law Judge review.

An attorney cannot change established facts or guarantee TSA’s decision. Experienced counsel can identify the correct remedy, obtain records, analyze the offense, develop waiver evidence, and prepare a complete administrative submission.

What Does National Security Law Firm Do?

For qualifying TWIC matters, our work generally includes:

Reviewing every page of the TSA notice
Determining whether the offense is disqualifying
Identifying whether the offense is interim or permanent
Determining whether a waiver is available
Calculating the seven-year and five-year periods
Obtaining ordinary court and corrections records
Reviewing the statute, judgment, sentence, and criminal history
Correcting or explaining incomplete records
Determining whether to appeal, request a waiver, or do both
Developing rehabilitation, employment, treatment, and reference evidence
Helping prepare the applicant’s personal statement
Drafting the legal and factual submission
Organizing and labeling the exhibits
Submitting the package to TSA
Tracking the matter through the covered initial stage
Responding to ordinary TSA requests within the agreed scope

We have handled TWIC and HME matters since 2016 and have represented applicants in hundreds of TSA credential cases. We do not simply provide a generic template and require the client to find and interpret every record alone.

How Much Does a TWIC Lawyer Cost?

National Security Law Firm charges a flat legal fee of $2,495 for qualifying initial-stage TWIC appeal or waiver representation.

The covered service generally includes:

Attorney review of the TSA notice
Offense and waiver-eligibility analysis
Procurement of ordinary court records
Review of criminal-history information
Development of appeal or waiver evidence
Preparation of the legal submission
Organization of exhibits
Submission to TSA
Tracking through the covered initial administrative stage
Ordinary TSA follow-up within the agreed scope

The precise scope is governed by the signed engagement agreement.

Unless expressly included, the fee does not cover:

Unusual third-party expenses
Criminal post-conviction litigation
Expungement or pardon proceedings
Litigation to recall a warrant
A new submission based on later evidence
Administrative Law Judge review
An administrative hearing
TSA Final Decision Maker review
Federal-court litigation
An unrelated Coast Guard, employment, immigration, or licensing matter

For additional information, read our guide to TWIC card costs, TSA fees, and lawyer fees.

Financing and the Written Refund Guarantee

Eligible clients may use Pay Later by Affirm to divide the legal fee into monthly payments. Financing decisions and available terms are determined by the provider.

National Security Law Firm also offers a written refund guarantee in qualifying accepted TWIC matters.

The refund guarantee is not a promise that TSA will approve an appeal, grant a waiver, issue a Determination of No Security Threat, or provide a TWIC. TSA controls the government’s decision.

When the guarantee applies, the signed engagement agreement identifies the covered result and the circumstances under which National Security Law Firm will refund the covered $2,495 legal fee if that result is not achieved.

The guarantee:

Applies only when expressly included in the signed engagement agreement
Covers only the legal fee identified in that agreement
Is subject to stated terms, exclusions, and client responsibilities
Does not control or guarantee TSA’s decision
Does not necessarily cover third-party expenses or advanced proceedings

We do not accept every case for guaranteed representation. We review the TSA notice, offense, records, procedural stage, deadlines, and available evidence before accepting the case and determining whether the written refund guarantee applies.

Frequently Asked Questions About Felonies and TWIC Cards

How far back does a TWIC background check go?

TSA’s interim-disqualification rules focus on whether the conviction occurred within seven years of the application or release from incarceration occurred within five years. Permanent offenses do not expire based on age. TSA’s background assessment is not accurately described as merely a seven-year record search.

Can I get a TWIC with a felony from ten years ago?

Often, but not always. An interim offense may fall outside the disqualification periods if both the conviction and incarceration tests have been cleared. A permanent offense remains disqualifying regardless of age, although many permanent categories may be waived.

Can I get a TWIC while on probation?

Possibly. Probation by itself is not one of the interim time tests, but the conviction may remain within the seven-year period. Other facts and conditions may also affect TSA’s assessment.

Can I get a TWIC while on parole?

Possibly, but the underlying conviction may remain within both the conviction and release periods. A waiver may be required if the offense is waivable.

Can I get a TWIC with multiple felonies?

Possibly. Each offense must be analyzed separately. Multiple offenses may complicate both eligibility and TSA’s discretionary waiver analysis.

Does an arrest without a conviction prevent a TWIC?

An arrest alone is not a conviction. However, TSA may require official proof of the disposition when the fingerprint record is incomplete. An active warrant or indictment for a listed felony can create a separate temporary disqualification.

Can I get a TWIC with a federal felony?

Potentially. TSA’s rules apply to convictions in civilian or military jurisdictions and focus on the type of offense, not merely whether it was prosecuted federally or by a state.

Can I get a TWIC after a pardon?

Potentially. A pardoned finding of guilt is excluded from TSA’s definition of “convicted.” Submit the complete pardon and records identifying the conviction it covers.

Can I get a TWIC after an expungement?

Potentially. The relief must satisfy TSA’s federal definition of expungement. A state order that only seals public access may not be enough.

Are attempts to commit espionage, sedition, treason, or terrorism offenses waivable?

The regulation lists those attempts in § 1572.103(a)(11), while § 1515.7 extends waiver procedures to offenses in § 1572.103(a)(5) through (a)(12). Because this differs from the treatment of completed offenses and conspiracies in the first four categories, the precise conviction should be reviewed individually.

Does hiring a lawyer guarantee a TWIC?

No. TSA controls the decision. Qualifying accepted cases may include a written refund guarantee covering the legal fee, but that contractual protection does not promise or control approval.

Schedule a Free Consultation About Getting a TWIC With a Felony

A felony does not necessarily prevent you from getting a TWIC. The answer depends on the actual offense, the conviction and release dates, whether TSA’s records are correct, and whether an appeal or waiver is available.

National Security Law Firm has handled TWIC and HME matters since 2016 and has represented applicants in hundreds of TSA credential cases. For qualifying initial-stage matters, our flat legal fee is $2,495. We obtain ordinary court records, analyze the conviction, determine the appropriate strategy, develop the evidence, prepare the submission, and manage the covered TSA process.

Financing may be available, and qualifying accepted cases may include a written refund guarantee subject to the precise terms of the engagement agreement.

Schedule a free consultation or call (202) 600-4996.

Official TWIC Eligibility Resources

Author: Katherine O’Brien, Esq., Founder, National Security Law Firm
Attorney Reviewed: August 26, 2026

This page provides general information and is not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Past results do not guarantee future outcomes. Any fee, scope of representation, financing arrangement, or refund guarantee is governed exclusively by a signed written engagement agreement.